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Madras High CourtWP/15602/2016allowed

G.Chandrasekaran, v. The Director Of Municipal

2023-02-14Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH G.Chandrasekaran .. Petitioner /versus/ 1.The Director of Municipal Administration, Municipal Administration, Ezhilagam, Chennai 600 005.

2.The Commissioner, Rasipuram Municipality, Rasipuram, Namakkal District.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records comprised in Roc.No.1393/2015/VI dated 14.01.2015 on the file of the 1st respondent, quash the same and consequently direct the 1st respondent to reinstate the petitioner in service.

For Petitioner :Mr.R.Karthikeyan For Respondents :Mr.T.Chezhian, Additional Government Pleader ------ 1/4

O R D E R

Challenging the prolonged suspension order, the present Writ Petition has been filed.

2. The reason for passing the suspension order dated 14.01.2015 is the pendency of the criminal case against the petitioner initiated by the Directorate of Vigilance and Anti Corruption. It is stated that the criminal case is still pending. The Government in G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022 has issued compendium of instructions for review of prolonged suspension matters where enquiry into grave charges are pending.

3. In view of this latest Government Order, it would be appropriate that the petitioner's suspension has to be reviewed, in the light of G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022. Accordingly, the petitioner is at liberty to file a fresh representation seeking revocation of his suspension and on receipt of the same, the first respondent herein shall consider it, in the light of G.O.Ms.No.81 dated 04.08.2022 and pass appropriate order, atleast, 2/4

within a period of four weeks, from the date of receipt of a copy of this order.

4. Accordingly, this Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petition is also closed. 14.02.2023 Index:yes/no Speaking order/non speaking order ari To:

1.The Director of Municipal Administration, Municipal Administration, Ezhilagam, Chennai 600 005.

2.The Commissioner, Rasipuram Municipality, Rasipuram, Namakkal District.

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M.S.RAMESH, J.

ari 14.02.2023 4/4